Back to search
The question

Is a wife considered divorced after being divorced during her menstrual period, given that five months have passed since the divorce, there was a privacy that did not include intercourse, and a sexual phone call after traveling, and her father's desire for her to be divorced?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Divorcing a wife during menstruation is forbidden, but it is effective according to the majority of scholars. Holding the hand with the intention of pleasure is considered a رجعة (revocation of divorce) by the Hanafis, and by the Malikis if he intended it as a رجعة. If the رجعة did not occur, and the wife had three menstrual cycles after the divorce, then she becomes irrevocably divorced (تبين) and is not permissible for him except with a new marriage contract. The menstrual period during which the divorce occurred does not count towards the waiting period (عدة). Sheikh al-Islam Ibn Taymiyyah held the view that divorcing a menstruating woman does not take effect. The wife's father had no right to compel the husband to divorce.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
117214
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy